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Appreciation of evidence in family court

(Querist) 16 April 2009 This query is : Resolved 
Ld counsels,

When will a case in family court proceed to the stage of enquiry. Once if the mediation fails, counters filed, after this there is a need to submit evidence. If the validity of the evidence is questionable will the court take the case for enquiry and start examinig witnesses. The pivotal issue in my case will be my consent for the marriage. Do I need to submit on oath that I gave my full consent for my marriage. I have already filed a restitution of conjugal rights.

Please clarify.

adv. rajeev ( rajoo ) (Expert) 17 April 2009
after filing the objections by the respondent next stage will be the evidence stage, court can also post it for the enquiry before evidence, before that in divorcecases both the parties to the petition will have to wait for six months reconciliaion proceedings, if all all the proceedings are over then also the case may be posted for the evidence.
SANJAY DIXIT (Expert) 26 May 2009
If the reconciliation proceedings held and failed the court will proceed the case. The evidence stage will take place after filing written statement and framing issues. You may put your evidence based on your petition.


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